From Casetext: Smarter Legal Research

Matter of Golden v. Tully

Court of Appeals of the State of New York
Mar 29, 1983
58 N.Y.2d 1047 (N.Y. 1983)

Opinion

Argued February 7, 1983

Decided March 29, 1983

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Robert Abrams, Attorney-General ( Francis V. Dow and Peter H. Schiff of counsel), for appellants.

Michael J. Golden and Carol A. Golden, respondents pro se.


MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

In response to the taxpayers' demand for a bill of particulars, it was admitted that petitioners' nonresidence in "New York State was determinative of the disallowance of said moving expenses." No other rationale was then proffered to justify the discrepancy in treating residents and nonresidents. Consequently, it must be concluded that, in the present matter, respondent's determination unconstitutionally discriminated against the nonresident taxpayers (see US Const, art IV, § 2, cl 1).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

Judgment affirmed, with costs, in a memorandum.


Summaries of

Matter of Golden v. Tully

Court of Appeals of the State of New York
Mar 29, 1983
58 N.Y.2d 1047 (N.Y. 1983)
Case details for

Matter of Golden v. Tully

Case Details

Full title:In the Matter of MICHAEL J. GOLDEN et al., Respondents, v. JAMES H. TULLY…

Court:Court of Appeals of the State of New York

Date published: Mar 29, 1983

Citations

58 N.Y.2d 1047 (N.Y. 1983)

Citing Cases

Matter Friedsam v. Tax Comm

Special Term granted petitioner's CPLR article 78 application by annulling the determination, holding that…

Lunding v. New York Tax Appeals Tribunal

Second, the court concluded that where deductions represent personal expenses of a non-resident taxpayer,…